Submitted by U.S. Attorney’s Office, Western District of North Carolina
ASHEVILLE, N.C. – On October 7, a grand jury in Asheville returned a criminal indictment charging Derrick Alan Cucumber, 45, of Cherokee, N.C., with first degree murder in Indian country and discharging a firearm during and in relation to a crime of violence for killing Mario Sanchez Nino, announced Russ Ferguson, U.S. Attorney for the Western District of North Carolina.
James C. Barnacle, Jr., Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Carla Neadeau of the Cherokee Indian Police Department (CIPD) join U.S. Attorney Ferguson in making the announcement.
According to allegations in filed charging documents, on November 9, 2024, at approximately 6:30 p.m., Cucumber drove to a relative’s residence in Indian Country within the Western District of North Carolina. It is alleged that, upon arriving at the residence, Cucumber, who is an enrolled member of the Eastern Band of Cherokee Indians, approached the victim and another man as they sat near a firepit on the property. Cucumber pointed a gun at the victim and said, “I told you I was going to kill you.” Cucumber then allegedly shot Mario Sanchez Nino once in the face, killing him instantly. After shooting the victim, Cucumber left the scene. Court documents allege that Cherokee Indian Police Department officers responded to Cucumber’s residence and arrested him after a standoff that lasted approximately two hours.
Cucumber is currently in federal custody. If convicted, Cucumber faces a statutory sentence of life in prison for the first degree murder offense, and a minimum sentence of 10 years in prison for the firearm offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges against the Cucumber are merely allegations, and he is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
In making the announcement, U.S. Attorney Ferguson thanked the FBI and CIPD for their work on the investigation.
Assistant U.S. Attorney Alex M. Scott with the U.S. Attorney’s Office in Asheville is prosecuting the case.
